Do you know how the eviction process works in New York? If you own rental property, it’s an unfortunate truth that you need to be familiar with the eviction process timeline, laws, frequently asked questions, and more. You don’t want to find yourself in a position where a tenant has violated the lease and you aren’t prepared to deal with the consequences. A delay on your part can cost you a lot of money, in terms of lost rent, legal fees, and any damage caused by an unruly tenant.
Of course, you can always avoid all these hassles by selling your rental property as-is to a cash buyer like Leave the Keys Homebuyers. We buy rental properties in New York for cash and we’ll be happy to deal with any evictions and tenant problems on your behalf.
But in case you’re going to stick it out as a landlord, you should know how the process works. New York law requires that if you’re going to evict someone and end their tenancy, you need to do it very specific ways, each with their own notices and procedures depending on the situation. Let’s take a closer look at the eviction process in New York State.
State Of New York Eviction Process
Find Cause for Eviction
You can’t just evict a tenant because you don’t like them or wish they’d move out. You signed a binding legal agreement with them to live in the rental unit for the duration of the lease. However, there are certain violations to that lease that can trigger grounds for eviction.
The most common reason is likely the nonpayment of rent. New York law states that rent is considered overdue one day after it’s due to be paid. So if a tenant is supposed to pay rent on the first of the month according to the lease, if they have not paid by the second, and there isn’t a grace period spelled out in the lease agreement, then they are officially late and liable for eviction. The landlord must provide a 14-Day Notice of Pay in order to secure an eviction, but this notice gives the tenant 14 days to either pay the past due amount or satisfy the lease in order to prevent eviction. If they fail to pay what’s due, the eviction process can move forward.
If the tenant violates the terms of the lease in another way, they are also putting themselves up for possible eviction. A landlord must provide the tenant with a 10-Day Notice to Comply, which gives them 10 days to fix the issues that put them in violation of the lease. This could mean multiple things, such as damage to the rental unit, people living in the unit who are not on the lease, or having a pet when there is a no-pet policy in the building. If the tenant does not comply, they must be provided with a 30-Day Notice to Quit. If the tenant is still in the property after that 30 day time period, the landlord may begin eviction.
If a tenant remains in a rental unit after the lease has expired, New York calls that a “holdover.” It still requires the landlord to give the tenant notice before forcing them to leave. The landlord can either negotiate a new lease or they can provide notice to the tenant to vacate. The length of time they have to vacate is determined by how long they’ve lived there. But if they remain in the unit past that notice date, the landlord may proceed with eviction processes.
Finally, a tenant can be evicted if they perform illegal activities in the rental unit. This can include things such as illegal businesses, prostitution, drug sales, and other things not allowed by the lease and New York State law. Under these circumstances, tenants are not provided with the chance to remedy the situation and remain in the unit. They are provided notice to vacate and, if they don’t leave in time, the eviction process can begin.
File an Eviction Petition
Once you’ve established that you can move forward, the next thing a New York landlord needs to do is file a petition in court. Keep in mind that there filing fees involved and they vary based on the type of eviction and where you are filing. The notice of petition, as well as the petition for eviction, will need to be served to the tenant 10-17 days prior to the first hearing. There are guidelines that you’ll need to follow to make sure the notice is communicated to the tenant properly.
The Court Hears Your Case
Once all of these actions have been taken, a judge will preside over the eviction request. Both the landlord and tenant should appear in order to state their case and provide reasons for why they are in the right. The tenant does not have an opportunity beforehand to plead the case and must do so at the hearing. However, either side can request one 14-day postponement of the hearing if they feel as though they need more time. If the tenant fails to show up for the hearing, the judge may still make a ruling on the eviction at that time.
The Writ of Execution
Once the eviction has been granted, the court, or the landlord on the court’s behalf, will send the tenant the writ of eviction. This may even be given as soon as at the hearing. This is the final notice that the tenant will receive to vacate the rental property. It also gives them a chance to remove their items and belongings in the manner they chose.
Removal of Tenant
Upon receiving the writ of execution, the tenant now has 14 days to move out. If they do not do so, they can be forcibly removed from the property. The only exception is cases where they’ve been evicted for not paying rent. In that case, the tenant only has 10 days. However, if the tenant ends up paying the rent amount in full prior to the end of the 14th day after getting the writ, the eviction process must be halted and the tenant is allowed to remain in the unit.
There are also a few circumstances that could pop up that the court would allow for a stay of execution that gives the tenant more time before moving out. This could be the case if the tenant is dealing with extreme hardships like poor health, moving children to a new school, and other hardships as determined by the court. The stay can be for weeks, months, or even up to one year, but no longer. The court can also grant a stay if the eviction is for a violation of the lease, though that stay cannot be any longer than 30 days. However, if the tenant is able to fix the issue at that time, they can also remain in the unit and avoid eviction.
Avoid the Hassles, Sell Your Rental Property As-Is
As you can see, owning a rental property and dealing with evictions in New York can be a messy, costly, and unfruitful affair. Even if you have the grounds to evict a tenant, there are plenty of ways for them to remain in the unit even if you don’t want them to. And you’re bound by the lease you sign and the rulings of the court.
If you’d rather not deal with the headaches and costs, consider selling your rental property to Leave the Key Homebuyers. We buy New York properties as-is and we pay cash for them. All you have to do is contact us and let us know the situation. We’ll take a close look at the property and then make you a fair offer. We won’t lowball you! And if you like the offer, we can close on your terms, as fast or as slow as you like. We’ll pay you cash and we won’t ask you to make any repairs or even clean up. Leave it to us to deal with while you walk away with cash in your pockets.